Irshad Ali, J. - (1.) Heard learned counsel for the petitioner Sri R.J. Trivedi and learned Additional Chief Standing counsel for the respondent nos. 1 to 3.
(2.) The present writ petition has been filed with prayer to quash the impugned order of transfer dated 10.8.2009 passed by Assistant Record Officer, Unnao and to allow the petitioner to continue on the post of Survey Lekhpal in the office of Assistant Record Officer, Unnao and to pay salary accordingly.
(3.) The matrix of the case is that the petitioner while holding the post of Survey Lekhpal was placed under suspension vide order dated 7.11.2005. The petitioner was issued a charge sheet on 21.4.2006 which was replied by him vide reply dated 26.5.2006. The order of suspension dated 7.11.2005 was challenged by means of Writ Petition No. 768 (SS) of 2006 wherein a direction was issued by this Court vide order dated 15.2.2007 to conclude the inquiry proceedings within a period of four months from the date of production of certified copy of the order. The Inquiry Officer after completing the inquiry submitted report on 20.6.2007 awarding major penalty to the petitioner. The disciplinary authority issued second show cause notice along with inquiry report on 27.6.2007. The petitioner submitted reply to the second show cause notice pointing out that the Inquiry Officer has not provided proper opportunity of hearing by fixing a date, place and time to provide oral hearing and to cross-examine the witnesses relied upon. Thereafter, the order of termination has been passed on 10.8.2009 which has been assailed in the present writ petition.;